An injury can occur in any workplace setting, Whether in an office or at a construction site. After seeking the necessary medical care, you should first file for workers’ compensation, commonly called workers’ comp.
Unfortunately, many workers let their chance for workers’ compensation pass. This can leave them with unpaid medical bills and little to no income while they cannot work. Injured workers may also face insurance companies and employers that attempt to deny or reduce their compensation.
In these cases, having a skilled and knowledgeable New York workers’ compensation lawyer on your side is best. The Weinstein Group, PLLC believes every injured worker should get the financial compensation they need.
If you or a loved one has sustained an injury on the job, please get in touch with us today at 212.741.3800 to schedule your free case evaluation.
Who can we help file a workers’ compensation claim?
Every injured worker is eligible for workers’ comp. Filing for workers’ comp is a routine practice following any workplace injury. Whether you’re an office worker who tripped on the steps at work and broke your arm or a construction worker who fell off of a ladder, you can file for compensation provided you meet the following qualifications:
- You’re an employee
- The injury or illness is work-related
- You meet your state’s deadlines for reporting the injury and filing your claim
- Your employer carries workers’ compensation insurance
Every injured worker is eligible for injuries that occur on the job, regardless of the cause of the injury.
How does a workers’ compensation claim work?
The process of filing a workers’ comp claim and recovering from your injury can be draining and time-consuming. This is where an experienced New York workers’ comp lawyer can help. After you’re hurt, we’ll handle the filing on your behalf and provide a formal notice to your employer’s insurance company.
Next, we’ll gather all necessary records and documents to support your case. Standard documents that we’ll need include:
- The accident report
- Witness testimony
- Medical records from your doctor
We’ll be as thorough as possible to compensate you for your injury and related expenses fully. Insurance companies will try to avoid paying for treatments wherever possible, so you must have all the supporting evidence.
You’re probably wondering, “What’s my role in the workers’ comp process?” The answer is simple: Do not give statements to the insurance company without first talking to your lawyer. Please help us get a complete picture of your injury and medical needs following the accident.
Once the claim is approved, your medical expenses and lost earnings will also be paid. There will be medical evaluations from time to time as well. These evaluations determine how you’re recovering and if you will need further treatment.
What is the timeline for a workers’ compensation claim?
The workers’ compensation statute of limitations varies by state. You have two years to file a workers’ compensation claim for an injury in New York. The two-year countdown begins from the date of the injury; however, you don’t want to wait longer than you have to. This is because insurance companies may try to “disclaim” your case, denying you compensation.
Disclaiming is something insurers do when they believe a case is frivolous. For example, if you wait a year and a half to file your claim, the insurance company will ask why you didn’t file it sooner, even though you were within the deadline.
They will argue that if you weren’t in pain the week after the injury, there’s no reason you would be 18 months later. They’ll try to deny you your rightful workers’ comp benefits, regardless of the circumstances of your injury.
Not all injuries are identical, and some aren’t immediately apparent. Take concussions, for example. It could start seemingly minor and get worse over time.
A New York workers’ compensation lawyer at Weinstein Law Group, PLLC, will fight for you regardless of the injury. However, you have the best chance of having your claim approved, and your case will be most robust if you come to us as soon as possible.
The longer you wait, the more likely you’ll face opposition from the insurance company.
We can help appeal a workers’ compensation denial.
Insurance companies are for-profit businesses that will do everything possible to deny your claim. Common reasons for a claim denial include:
- Claiming that the injury was not work-related
- Claiming the injury did not occur while on the job
- Claiming the injury stems from a pre-existing condition
- Accusations of fraud
- Accusations of misrepresenting or exaggerating the injury
You can appeal the denial if your workers’ comp claim gets denied. We can help you with the appeals process. The appeals process varies by state; in New York, you have 30 days to appeal and request a hearing before a panel of workers’ comp law judges.
The hearing is a legal proceeding, and top-notch legal representation is in your best interest. A skilled New York workers’ compensation lawyer can help you navigate the appeals process and make the strongest case to overturn the denial.
What types of injuries does workers’ compensation cover?
Our New York workers’ comp lawyers have experience in representing workers from all types of industries who have sustained injuries while on the job, including:
- Construction accident injuries
- Burns or heat stress from electrocution accidents
- Illnesses stemming from exposure to toxic substances
- Tendonitis
- Hearing damage
- Broken bones
- Torn ligaments
- Pulled or strained muscles in the back
- Concussions or traumatic brain injuries from getting struck by falling objects
- Occupational diseases
These injuries can stem from a wide range of causes. Whether it was caused by unsafe infrastructure on a construction site, inadequate training, or a dangerous situation doesn’t matter.
Workers’ comp is a no-fault system, meaning injured workers are entitled to compensation without factoring in negligence or fault. Injured workers are not required to prove the reason or cause of the accident. However, insurance companies have been denying claims more and more recently and launching investigations to reduce or deny benefits.
We answer common misconceptions about workers’ compensation.
There are many common misunderstandings about workers’ compensation. It exists to protect you and to provide an alternative to lawsuits.
Is workers’ comp the same as a lawsuit?
No, workers’ compensation is NOT the same as a lawsuit. You don’t have to sue anyone to get your payout. It’s an insurance claim filed with your employer’s policy. Your boss does not pay workers’ compensation out-of-pocket; their insurance covers it.
Can I lose my job because I filed for workers’ comp?
No, employers don’t fight workers’ compensation claims and can’t let an employee go simply for filing a claim. The insurance company may argue the details of your case, but your employer takes no part in it. Employers are happy to have workers’ comp because it protects them from being sued.
Do I have to prove negligence on my employer’s part?
Sometimes a workplace injury is caused by a safety violation, and sometimes it isn’t. You are covered regardless of the cause. You don’t have to prove anything about the safety conditions at work.
If I file for workers’ comp, do I lose the right to file a lawsuit?
In some cases, there are grounds for a lawsuit. In that case, we usually recommend filing for workers’ compensation anyway. You’re allowed to do both, and you’ll receive workers’ compensation regardless of whether you win your court case.
- Learn More: Why it’s important to hire a workers’ comp attorney.
Contact our skilled New York workers’ compensation lawyer today
The Weinstein Group, PLLC, has over 30 years of advocating for the rights of workers from all industries. If you’ve been injured on the job, we’ll aggressively fight for your right to receive your workers’ comp benefits, including medical bills, lost wages, and partial, total, or temporary disability benefits.
Navigating this process isn’t easy. There’s endless paperwork, bureaucratic red tape, and critical deadlines. Not to mention, the insurance company will be working against you every step of the way.
The New York workers’ compensation lawyers of the Weinstein Group, PLLC, will ensure your claim gets filed correctly and that you receive the total amount you’re entitled to. Most importantly, we’ll listen to you and help you choose how to pursue your case: workers’ comp, a lawsuit, or both.
No one deserves to live in financial jeopardy because of a work-related injury. Call The Weinstein Law Group, PLLC, today and get started on financial compensation. We do not charge anything unless you receive your benefits. We offer a free consultation to help you decide your best course of action and how to proceed.
Contact us at 212.741.3800 or online today to schedule your free consultation.
Featured Attorney
Steven M. Weinstein
Related articles for further reading:
- Do I have to file a worker’s compensation claim if I am hurt on a construction site?
- Do I have to use sick time for worker’s compensation?
- Does New York workers’ comp cover medical marijuana?
- What are the workers’ compensation laws in New York?
Resources:
- New York Workers Compensation Board- Worker Quick Links
- New York Workers’ Compensation Alliance- Additional Support Group
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